[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20428-20429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10232]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGDO5-94-076]
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Scotts Hill, NC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Figure Eight Island swingbridge across the Atlantic
Intracoastal Waterway, mile 278.1, located in Scotts Hill, North
Carolina, by restricting recreational vessels to bridge openings every
half hour. This is intended to reduce the amount of bridge openings to
relieve the increased volume of vehicular traffic crossing this bridge,
while still providing for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on May 26, 1995.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,
Fifth Coast Guard District, (804) 398-6222.
SUPPLEMENTARY INFORMATION:
Draft Information
The principal persons involved in drafting this document are Bill
H. Brazier, Project Officer, and LCDR C.A. Abel, Project Attorney,
Fifth Coast Guard District.
Regulatory History
On November 8, 1994, the Coast Guard published a Notice of Proposed
Rulemaking entitled Atlantic Intracoastal Waterway, Scotts Hill, North
Carolina, in the Federal Register (59 FR 55601). The commend period
ended January 9, 1995. The Coast Guard did not receive any comments on
the Notice of Proposed Rulemaking. On January 13, 1995, the Coast Guard
issued Public Notice 5-845 requesting comments on the Notice of
Proposed Rulemaking. The comment period ended February 13, 1995. No
comments were received. A public hearing was not requested and one was
not held.
Background and Purpose
The Figure Eight Beach Homeowners Association, Inc. has requested
that openings of the Figure Eight swingbridge mile 278, Atlantic
Intracoastal Waterway, be restricted for recreational vessels to every
half hour due to the increase in vehicular traffic across the bridge.
Currently, this bridge opens on signal at all times. The Coast Guard
has decided to reduce the required bridge openings for recreational
vessels from ``on demand'' to openings on the hour and half hour, as
needed. The bridge will continue to open on signal at all other times
for all other vessels. The Coast Guard believes that recreational
vessels will not be unduly restricted in passage through the bridge,
since they can plan their vessel transits around the hour and half
opening restriction.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
final rule to be so minimal that a full regulatory evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule, will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Because it expects the impact of this
final rule to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this final rule will not have a significant economic impact
on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612, and has determined
that this final rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination and checklist has
been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard is amending part
117 of Title 33, Code of Federal Regulations as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05.1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. In Sec. 117.821, paragraphs (b) (4) and (5) are redesignated as
(b) (5) and (6) respectively, and new paragraph (b)(4) is added to read
as follows: [[Page 20429]]
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.
* * * * *
(b) * * *
(4) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, must
open, if signaled, on the hour and half hour.
* * * * *
Dated: April 14, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-10232 Filed 4-25-95; 8:45 am]
BILLING CODE 4910-14-M
